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Harper J Dimmerman

Harper J Dimmerman

May 08, 2006 | The Legal Intelligencer

Does Pa.'s Eminent Domain Code Trump the Municipal Planning Code?

Several years back, in 2000, the city of Coatesville, exercising its eminent domain powers, condemned several acres of private property for the purpose of creating a public golf course and family-oriented recreational complex.

By Harper J. Dimmerman

6 minute read

March 17, 2011 | The Legal Intelligencer

The Descriptive-Normative Tension in Land Development

Some may contend that the concept of real estate development, by its very definition, requires at least some modicum of vision aimed at meeting future demand in the marketplace.

By James M. Lammendola And Harper J. Dimmerman

7 minute read

February 14, 2005 | The Legal Intelligencer

Developing Real Estate Development

Although real estate development may present opportunity for vision and ingenuity, such a monstrous undertaking certainly provides the more tangible benefit of significant financial gain.

By Harper J. Dimmerman

8 minute read

March 14, 2005 | The Legal Intelligencer

Lender Liability and the Mortgage Satisfaction Act of 2004

Pennsylvania's Mortgage Satisfaction Act, specifically 21 P.S. Section 681 (2004), is a statute worthy of consideration by the real estate practitioner. The statute compels the lender/mortgagee to timely record a satisfaction in the relevant county and goes so far as to provide for built-in penalties in the case that a satisfaction recording does not occur.

By Harper J. Dimmerman

7 minute read

August 14, 2006 | The Legal Intelligencer

Master's Partition Actions And Issues of Fairness

In early July, our Superior Court filed an opinion regarding the permissibility of rejecting a master's partition recommendations where an equal division could not be effectuated. Bernstein v. Sherman involved eight parcels of real estate situated in Philadelphia County and held as tenants-in-common. The properties were all distinct, separate, mixed residential and commercial use plots, with quite different values; a perfectly equal division was not possible.

By Harper J. Dimmerman

6 minute read

December 13, 2004 | The Legal Intelligencer

A Procedural Trilogy for Real Estate Practitioners

From the vantage point of debtor's counsel and one traditionally representing smaller consumer interests, creditor's counsel appear to confront a whole host of obstacles in the course of their debt collection efforts. Objections to proofs of claim on the basis of unutilized sheriff's deposits, contests over creditor classifications and lien stripping are just a few of those issues potentially impacting counsel for a creditor.

By Harper J. Dimmerman

8 minute read

July 30, 2007 | The Legal Intelligencer

Applying Lis Pendens: Is Title to Real Property Truly at Issue?

As the recent Philadelphia Court of Common Pleas decision in Philadelphia Waterfront demonstrates, a lis pendens can prove to be challenging in its application.

By Harper J. Dimmerman

7 minute read

December 12, 2005 | The Legal Intelligencer

Exposure to Fraud in Real Estate Transactions

A seller's exposure to fraud in the context of small residential deals and large-scale commercial ones alike is a concept that is likely on minds of a majority of practitioners frequently called upon to supply immediate and accurate advice in the contact of a live negotiation.

By Harper J. Dimmerman

7 minute read

July 11, 2005 | The Legal Intelligencer

Negligent Misrepresentation and Design Professionals

The economic loss doctrine can prove to be a formidable obstacle for plaintiffs counsel where contractual issues are in play. In fact, the absence of privity of contract between parties is generally a bar to recovery for economic loss.

By Harper J. Dimmerman

8 minute read

September 11, 2006 | The Legal Intelligencer

The Pros and Cons Associated With De Facto Taking

The latest and greatest Pennsylvania condemnation case is the Lehigh-Northampton Airport decision, decided just last month by our own state Supreme Court. In what is certain to become a landmark decision, an airport authority charged with the task of a significant expansion, experiences both the advantages and disadvantages of masterminding a major de facto taking.

By Harper J. Dimmerman

6 minute read